Publications

What is Toxic Release Inventory (TRI) reporting? Federal regulations require that certain covered facilities report toxic releases to air, discharges to surface waters, and quantities shipped offsite as wastes by July 1, covering the previous calendar year. TRI reporting derives from the Emergency Planning and Community Right-to-Know Act (EPCRA), which was enacted in 1986 in […]

Greetings, Court Fans! The Nine handed down three more decisions this morning, which we’ll have summarized for you in due course, but this Update will cover last week’s news, John Oliver style. There were also three decisions last week, including a significant antitrust defeat for Apple and a decision overruling a somewhat obscure precedent, which […]

Wiggin and Dana attorneys Erika L. Amarante and Laura Ann P. Keller have written an article in the May edition of For the Defense, DRI’s monthly magazine for defense, insurance and corporate counsel. Entitled “Wrongful Death Before Birth,” the article reviews the circumstances under which an unborn fetus might assert a claim for wrongful death due to […]

The issue of what it really means for a trademark licensee when a debtor-licensor “rejects” its trademark license is crucially important.  Does the licensee lose their rights to continue to use the trademark, or not? In Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, slip op. (May 23, 2019). the Supreme Court resolved a […]

Greetings, Court Fans! The annual June deluge has commenced, with four new opinions yesterday: Azar v. Secretary of Health and Human Services (No. 17-1484), holding that the Government violated its statutory obligation to provide notice and a 60-day comment period when it issued a new rule regarding Medicare payments to hospitals; Taggart v. Lorenzen (No. […]

Today, the Department of Treasury Office of Foreign Assets Control (OFAC) and the Department of Commerce Bureau of Industry and Security (BIS) published in the Federal Register amendments to regulations affecting travel to Cuba. The amendments: Eliminate authorization for people-to-people educational travel that is unrelated to an undergraduate or graduate degree program; andGenerally prevent travel to/from […]

On June 3, 2019, the U.S. Supreme Court issued a unanimous decision resolving a split among the Circuit Courts regarding the parameters of a procedural defense available to employers in Title VII cases. In Fort Bend County v. Davis, the Court held that Title VII’s EEOC charge-filing condition (also applicable to ADA claims) is a procedural […]

The Connecticut Supreme Court made national news this month when it issued a landmark decision in a case arising from the horrific mass shooting at Sandy Hook Elementary School.  In Soto v. Bushmaster Firearms International, et al., the Court held that Connecticut law permits, and federal law does not preempt, certain state-law civil claims by […]

Greetings, Court Fans! The Court was back in action this week, with perhaps its most active week of the term so far. On Tuesday, the Court issued three decisions, adding two more on Wednesday and a number of cert grants for next term, to boot. Besides the uptick in volume, the decisions are also becoming […]

Wiggin and Dana Partner, Paul Tuchmann, has published an article titled From the Basketball Court To Federal Court for the Center for the Advancement of Public Integrity (CAPI), a program at Columbia Law School. To read the full article, please click here.

Wiggin and Dana Patent Counsel, Anthony Sabatelli, has co-published an article titled Antibody-Drug Conjugates: Further Patents on Linkers, which appeared as a Guest Post on Patent Docs. To read the full article, please click here.

Wiggin and Dana Partner, Michael Menapace, and Carlton Fields Shareholder, Barry Weissman, have co-authored, Use of Data Rooms in Arbitration, which appeared in the 1st Quarter 2019 issue of ARIAS•U.S. Quarterly.  In this article, Menapace and Weissman explain what a data room is and how it works, describes the advantages and limitations of using a data room, and offer practical tips […]

Wiggin and Dana Partners, Robert Langer and Jonathan Freiman, have authored an article in the Connecticut Law Tribune regarding the Connecticut Supreme Court's recent ruling in Soto v. Bushmaster Firearms International. To read the full article, please use the resource below.

Art dealers and intermediaries are about to face new transparency regulations in several European nations. Art brokers and dealers involved in any cross-border transactions with people in E.U. nations should pay careful attention to the new rules as they roll out over the next year. I. New European Union Rules A recent European Council Directive […]

Wiggin and Dana’s Insurance Practice Group has published a recent Insurance Update. We are pleased to offer these periodic updates, with summaries of recent cases and legislation or regulations of interest, as well as the Group’s recent activity. To view our newsletter, please click the PDF link below.

On March 28, 2019, the DOL proposed a rule designed to clarify and update the definition of the “regular rate” under Section 7(e) of the Fair Labor Standards Act (FLSA). The current rules have not been updated in decades, and have been the source of some confusion, so employers should welcome this development. Absent an […]

Compliance with the myriad Occupational Health and Safety Administration (OSHA) requirements applicable to specific industries and activities continues to present challenges to business of all sizes. As an OSHA-regulated entity, this is no news flash. OSHA inspections are, unfortunately for many regulated industries, an inevitability – as is the follow-up enforcement activity, including the issuance […]

Greetings, Court Fans! The Nine have managed to outpace us over the last two weeks, but now that they’re on April Break, it’s time for us to catch up. In this installment, we’ll cover Nielsen v. Preap (No. 16-1363), on discretionary bond for certain “criminal aliens”; Obduskey v. McCarthy & Holthus LP (No. 17-1307), on […]

Wiggin and Dana Partner, Jody Erdfarb, authored, Top Five Tips for Surviving a Connecticut Medicaid Audit, which appeared in the Connecticut Association of Optometrists First Quarter 2019 Newsletter.  To read the full article, please click on the resource below, and visit page twenty-eight.

Wiggin and Dana partner, Tahlia Townsend, and associates, Jared Clark and Rebekeh Gulash, have co-authored, Impact of the New CFIUS Pilot Programme, which appeared in the Jan-Mar 2019 issue of Risk and Compliance Magazine. To read the full article, please click on the resource below.

Greetings, Court Fans! We’re back with the second installment of our April catch-up series, bringing you summaries of Bucklew v. Pettigrew (No. 17-8151), Biestek v. Berryhill (No. 17-1184), Lorenzo v. Securities Exchange Commission (No. 17-1077), and Sturgeon v. Frost (No. 17-949). In a term thus far characterized by unanimous and lopsided decisions, the controversial 5-4 […]

Greetings, Court Fans! One of the big narratives of OT2018 has been growing divisiveness between the Justices over the death penalty, attributable in no small part to the departure of Justice Kennedy, who regularly served as the swing vote in such cases (often, though not always, siding with the Court’s more liberal wing). While the […]

Recent cases demonstrate the role of forensic science in the authentication of fine art, particularly in combination with connoisseurship. Paintings by Botticelli and van Gogh, the authenticity and attribution of which had previously been called into question, have been authenticated with the help of X-ray imaging, pigment testing, and infrared analysis – along with analysis by […]

The following Advisory was updated on May 1, to include recent developments. Introduction “[G]lobal banks and insurance companies continue to unwittingly facilitate payments and provide coverage for vessels involved [in sanctions evasion]” and their “due diligence efforts fall extremely short.” (UN Panel of Experts) “OFAC will aggressively target for designation any person who provides support […]

Wiggin and Dana attorneys, Tim Diemand and Robyn Gallagher, have written Chapter 11 titled Limits Issues in the Second Edition of The Handbook on Additional Insureds. This chapter begins, Imagine the frustration faced by an additional insured who convinces an insurer that a loss should be covered only to discover that there is little to no […]

Greetings, Court Fans! The Court is between sittings, so we’ve got no new opinions to report, but there was some significant action on the orders front last night, concerning three of the more divisive issues to come before the Court—abortion, the death penalty, and religion. On the abortion front, in June Medical Services v. Gee […]

Wiggin and Dana Partner, Jody Erdfarb, is a contributing author of the American Health Lawyers Association’s (AHLA) Health Information and Technology Practice Group Briefing titled Connected Devices in Health Care. According to the AHLA, this Briefing, is an in-depth exploration of the use of connected devices in health care, a rapidly changing area of technology. […]

Wiggin and Dana Partner, Jody Erdfarb, is a contributing author of the American Health Lawyers Association's (AHLA) PG Briefing titled Innovative Tech: A Health Law Resource Bundle. According to the AHLA, this Briefing will help readers, better understand a rapidly changing area of technology, and serve as a springboard for contributing to the use of connected devices […]

Greetings, Court Fans! It’s been a busy week at One First Street, with three opinions, a notable concurrence in a cert denial, and a pair of consequential cert grants. Let’s get you caught up to speed. The big decision of the week was Timbs v. Indiana (No. 17-091), in which a unanimous Court held that […]

Is malware war?  Are losses arising from malware excluded from your property insurance policy? These are questions businesses should consider. There are, of course, policies specifically written to cover cyber breaches and other data security incidents. But, these types of policies are, indeed, different from property policies. Even if both types of policies contain similarly named/titled […]